Legal Definitions - circuity of action

Definition: Circuity of action refers to a legal procedure that allows for duplicative lawsuits, which can lead to unnecessarily lengthy and indirect litigation. This can happen when a defendant fails to bring a counterclaim in the original lawsuit, but later brings a separate action to recover what could have been awarded in the first lawsuit.

For example, if someone sues their neighbor for property damage, but the neighbor fails to bring a counterclaim for their own damages, they cannot later bring a separate lawsuit for those damages. This would be considered circuity of action, as it would have been more efficient to address all claims in the original lawsuit.

Civil-procedure rules have been put in place to prevent circuity of action and streamline the legal process. However, it can still occur in certain situations.